Desirability of Commodification of Intangible Cultural Heritage: The Unsatisfying Role of Intellectual Property Rights
Article from: TDM 2 (2014), in The New Frontiers of Cultural Law: Intangible Heritage Disputes
Abstract
The increasing sensibility regarding intangible cultural heritage provides momentum to better define a legal framework for the protection of these peculiar immaterial goods. This article questions whether the current intellectual property rights (IPRs) regime represents an adequate model of protection vis-à-vis intangible cultural heritage. A plethora of caveats must be taken into consideration, starting with the desirability of the commodification of intangible cultural heritage, i.e. its exploitation and commercialization through the IPRs regime, but also including the ...